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HTMLTop 5 Actions to Consider for the New York Not-for-Profit Law Overhaul Effective on July 1
Jay Gerzog, Tamar Rosenberg; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
On July 1, 2014, the New York Nonprofit Revitalization Act (the “Act”) took effect. The Act is the most significant modification of New York’s Not-for-Profit Corporation Law (the “NPCL”) in approximately 40 years.

 

HTMLCal. Supreme Court Clarifies Standards for Class Certification of Independent Contract Class Actions
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
On Monday, the California Supreme Court issued yet another decision on class certification; this time in an action challenging the independent contractor (“IC”) classification of a proposed class of Antelope Valley News newspaper deliverers, Ayala v. Antelope Valley Newspapers, Inc....

 

HTMLLessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation
David Douglass; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on June 27, 2014
E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care litigation, especially, qui tam litigation, the time periods often at issue...

 

HTMLOf Characterization and Common Sense: Court Holds That Erroneous Interpretation of Allegations of Complaint Doom Counterclaim to Bottom of Chicken Coop
Don T. Hibner, Thomas D. Nevins; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 7, 2014, previously published on June 30, 2014
In In Re Processed Egg Products Antitrust Litigation, No. 2:08-Md.-02002-GP (E.D. Pa., June 10, 2014), the plaintiffs alleged that they purchased eggs from the defendant egg producing cooperatives, and that the plaintiffs had required that defendants provide only eggs that complied with a...

 

HTMLA “Virtual Merger” is Underway between Chicago-Area Alexian Brothers Health System and Adventist Midwest Health
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 4, 2014, previously published on June 25, 2014
Chicago-area Alexian Brothers Health System and Adventist Midwest Health signed a non-binding letter of intent to form a joint operating company, a collaboration commonly referred to as a virtual merger. As Alexian brings five hospitals to the agreement and Adventist brings four, the health systems...

 

HTMLSupreme Court Rules Compliance with FDA Labeling Guidelines Does Not Bar Lanham Act False Advertising Suits - POM Wonderful v. Coca-Cola Co.
Bruce Colbath, Gregg Re; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 2, 2014, previously published on June 19, 2014
In a highly anticipated decision, the Supreme Court on June 12 announced that compliance with food labeling guidelines promulgated by the Food and Drug Administration will not operate as a bar against false advertising claims brought under the Lanham Act. In its decision, the Court made clear that...

 

HTMLBeyond Truth, and Toward Repose: Price Increases Following “Merger to Monopoly” Do Not Rekindle Statute of Limitations
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 30, 2014, previously published on June 19, 2014
In February, 2007, Lubrizol Corporation made a “merger to monopoly” acquisition of the assets of a competitor. The acquisition established a monopoly in the market for petroleum wax-based oxidates. After the acquisition, Lubrizol increased prices for oxidates in March, July and...

 

HTMLDepartment of Justice Opens Review of ASCAP and BMI Consent Decrees
Bruce Colbath, Gregg Re; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 30, 2014, previously published on June 12, 2014
The Antitrust Division of the Department of Justice this month announced that it has opened a review of the 73-year-old ASCAP and BMI Consent Decrees. In its press release, the DOJ noted that it is most interested in comments “on competitive concerns that arise from the joint licensing of...

 

HTMLLast Wishes, First Impression: Potential Legal Issues Arise After Munich Recluse Passes Away, Bequeathing Nazi-looted Art to a Swiss Museum
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 27, 2014, previously published on June 11, 2014
Cornelius Gurlitt’s notarized will, which did not surface until after his unexpected death this past May, lists the Kunstmuseum Bern in Switzerland as the heir to his vast art collection, which included works by Matisse, Dix, and Chagall. The unusual legal issue here: one month before his...

 

HTMLThe Future of DSH Payments?
Eric A. Klein, Selene Mak; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 27, 2014, previously published on June 17, 2014
According to the Centers for Medicare and Medicaid Services (CMS), the federal government disburses $11.5 billion annually in disproportionate-share hospital (DSH) payments to states. DSH payments are intended to offset the cost of treating the uninsured (uncompensated care) and Medicaid shortfalls...

 


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